Common use of RECIPIENT BREACHES Clause in Contracts

RECIPIENT BREACHES. The parties acknowledge and agree that, in the event of a threatened or actual breach of Section 4 or 7.13 or an actual breach of any other provision of this Agreement and failure to cure any such breach within thirty (30) calendar days following notice thereof from the other party, damages alone shall be an inadequate remedy, that such breach shall cause the other party great, immediate and irreparable injury and damage, and that, accordingly, each party shall be entitled to injunctive and other equitable relief, including mandatory injunctive relief and specific performance, in addition to, and not in lieu of, any remedies it may have at law or under this Agreement. Recipient further acknowledges and agrees that Service Provider shall be entitled to all damages as a remedy for such breach (except a threatened breach of Section 4) to the full extent permitted under Sections 3.4 and 3.5 above.

RECIPIENT BREACHES. The parties acknowledge and agree that, in the event of a threatened or actual breach of Section 4 or 7.13 or an actual breach of any other provision of this Agreement and failure to cure any such breach within thirty (30) calendar days following notice thereof from the other party, damages alone shall be an inadequate remedy, that such breach shall cause the other party great, immediate and irreparable injury and damage, and that, accordingly, each party shall be entitled to injunctive and other equitable relief, including mandatory injunctive relief and specific performance, in addition to, and not in lieu of, any remedies it may have at law or under this Agreement. Recipient further acknowledges and agrees that Service Provider shall be entitled to all damages as a remedy for such breach (except a threatened Threatened breach of Section 4) to the full extent permitted under Sections 3.3 and 3.4 and 3.5 above.